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2003 Supreme(SC) 181

BRIJESH KUMAR, R.C.LAHOTI
State Of Maharashtra – Appellant
Versus
Jalgaon Municipal Council – Respondent


Judgment

R.C. Lahoti, J.—Leave granted in both the SLPs.

2. In the year 2001, Jalgaon, a city situated in the State of Maharashtra, was an urban area administered by a Municipal Council constituted under the provisions of the Maharashtra Municipal Council Nagar Panchyat and Industrial Townships Act, 1965 (hereinafter, the M.R. Municipal Council Act , for short). The term of the Municipal Council as existing then was to end on 16th December, 2001.

In this judgment we would also be making reference to the provisions of the Bombay Provincial Municipal Corporation Act 1949 which for the sake of convenience and brevity will be referred to as B.P. Municipal Corporation Act.

3. Part IXA came to be inserted into the Constitution of India by Seventy Fourth Amendment w.e.f. 1.6.1993. This Part contemplates constitution of Nagar Panchayats, Municipal Councils and Municipal Corporations in every State. The three tools of local self government are contemplated by the Constitution to administer a transitional area, a smaller urban area and a larger urban area respectively. Article 243Q(2) defines these three areas to mean such areas as the Governor may having regard to the population of the area
























































































































































































































































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